ADT Sec. Servs., Inc. v. Chicago Metro. Fire Prevention Co., No. 12-2981 (7th Cir. 2013)Annotate this Case
In 2009 the Fire Protection District passed an ordinance under which it took over fire alarm monitoring for all commercial properties in the District. Private alarm companies that had previously provided that service sued, alleging interference with their business, illegal monopoly, violations of constitutional rights, and exceeding statutory powers. Before the district court issued an opinion on remand, the District repealed the 2009 ordinance. Under a new ordinance, the District would not own any transmitters and would permit property owners to contract with private companies for alarm transmission, monitoring, and equipment; signals would still be transmitted via the District’s network to the District’s receiver. The district court entered a modified permanent injunction, requiring the District to permit alarm companies to receive and transmit signals directly from property alarm boards, independently of the District. The injunction barred the District from requiring that fire signals be sent to its station, charging residents for fire protection services, or selling or leasing fire alarm system equipment. It required the District to allow alarm companies to use any technology equivalent to wireless transmission and compliant with the NFPA code, to adopt the most current version of the NFPA code, and to refund fees. The Seventh Circuit affirmed as modified. The new injunction sets appropriate boundaries and does not contravene the earlier decision in most ways. The court struck provisions requiring refunds to subscribers and requiring the District to adopt the most current versions of the NFPA code.